2012 -- H 7696

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LC01631

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES -- SMALL WIND ENERGY SYSTEMS

     Introduced By: Representative John M. Carnevale

     Date Introduced: February 16, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 24.6

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SMALL WIND ENERGY SYSTEMS

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     45-24.6-1. Definitions. – The following terms, as used in this chapter, shall have the

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following meanings:

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     (1) "Small wind energy system" means a wind energy conversion system consisting of a

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wind turbine, pole/tower and/or roof mounting bracket, and associated control or conversion

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electronics which has a rated capacity of not more than ten kilowatts (10 kwh) and which is

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intended to reduce on-site consumption of utility power.

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     (2) "Pole/tower height" means the height of the pole/tower measured from the natural

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grade of the land to the top of the pole/tower excluding the wind turbine.

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     (3) "Blade ground clearance" means the distance measured at the lowest point of any arc

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of a blade tip to the natural grade of the land.

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     (4) "Roof mounted system" means a system mounted to a roof with a tripod bracket

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system that has a rated capacity between one-half kilowatts (1/2 kwh) and two kilowatts (2 kwh).

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     45-24.6-2. Small wind energy systems permitted. – The installation of small wind

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energy systems in this state shall be permitted subject to the zoning regulations set forth in section

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45-24.6-3.

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     45-24.6-3. Contents of zoning ordinances. – All municipal zoning ordinances shall

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include, at a minimum, the following provisions regulating the installation of small wind energy

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systems.

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     (1) Minimum ground clearance for pole/tower systems shall be no less than twenty feet

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(20');

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     (2) The allowable pole/tower height shall be determined by the lot size as follows:

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     (i) On any lot that is less than ten thousand square feet (10,000 sq ft), the height shall be

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subject to the approval of the local zoning board following hearing;

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     (ii) On any lot that is between ten thousand square feet (10,000 sq ft) and forty thousand

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square feet (40,000 sq ft) the height shall be a maximum of eighty feet (80');

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     (iii) On any lot that is greater than forty thousand square feet (40,000 sq ft) the height

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may exceed eighty feet (80'), subject to any applicable federal air space regulations.

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     (3) Set backs shall be as follows:

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     (i) For pole/tower systems the minimum set backs shall be no less than one and one-half

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(1.5) times the diameter of the turbine blades and the guy wires set back a minimum of ten feet

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(10') from the property lines.

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     (4) Design standards shall require that the pole/tower to be a neutral, non-reflective color

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so as to blend into the surrounding environment. Visible flags, reflectors or reflective tape shall

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be placed on the anchor points of guy wires and along the guy wire up to a height of ten feet (10').

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     (5) Signage shall be limited to that which is necessary to identify the manufacturer,

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owner, twenty-four (24) hour contact phone number and any necessary safety warnings.

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     (6) Safety standards that require all wind turbines to be equipped with an automatic

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braking, governing or feathering system to prevent uncontrolled rotation, over speeding and

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excessive pressure on the pole/tower.

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     45-24.6-4. Permits and fees. – Prior to the installation of any small wind energy system

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a permit shall be obtained from the local governing body. The following fees may be imposed:

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     (1) Roof mounted systems: fifty dollars ($50.00);

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     (2) Pole/tower systems:

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     (i) Up to forty feet (40') in height: one hundred dollars ($100).

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     (ii) Above forty feet (40') in height: one hundred fifty dollars ($150).

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     45-24.6-5. Inspection required. – A structural and electrical inspection shall be

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conducted by the local governing official following the installation of any small wind energy

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system.

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     45-24.6-6. Utility notification. – No small wind energy system shall be installed until

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evidence has been provided that the utility company has been informed of the customers intent to

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install an interconnected customer owned generator. Off grid energy systems shall be exempt

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from the provisions of this section.

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     SECTION 2. This act shall take effect upon passage.

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LC01631

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES -- SMALL WIND ENERGY SYSTEMS

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     This act would allow the installation of small wind energy systems subject to regulations

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and standards.

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     This act would take effect upon passage.

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LC01631

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